OCENS Service Agreement for Inmarsat Fleet 33/55/77 CUSTOMER INFORMATION Vessel Name

Transcription

1 Please fill out all information fields and return to OCENS via fax, or mail Marine View Dr. S. #300 Des Moines, WA Phone: Fax: OCENS Service Agreement for Inmarsat Fleet 33/55/77 CUSTOMER INFORMATION Vessel Name Company Name *if individual see below* Primary Contact Individual Account Name Social Security Number - - Date of Birth Address Flag City State Post Code Country Phone (Daytime) FAX *Also attach legible copy of drivers license or passport* Phone (Evening) Cellular TERMINAL INFORMATION Terminal Serial Number (ESN) OCENS Use Only Voice 1 Voice 2 Fax (9.6) Data MPDS OCENS Direct Dealer OCENS DID Dealer ID OCENS Fleet 33/55/77 Service Agreement Page 1 of 4

2 RATES Activation Fee: $75.00 Monthly Access Fee: $25 Voice $2.09 for calls to PSTN.* ISDN: $7.99 per minute Data Transmission: 9.6 KBPS Straight Time Connection $3.09 per minute** MPDS Pay by the bit connection $3.89 per megabit **69 cent surcharge for calls to cellular destinations. Higher rates apply for voice and data calls to satellite systems. Contact OCENS for these voice and data rates** BILLING & PAYMENTS Credit Card Debit Card (Circle One) Card Number Security Code Expiration (MM/YY) (Security Code can be found on the back of the Card 3 digits M/C & Visa 4 for Amex) Exact Name on Card Credit Card Billing Address City State Postal Code Country Important Notice: All Foreign Customers (without a United States Social Security Number) are subject to a $1,000 Deposit for Each Terminal. OCENS does not accept third party credit cards. Foreign Credit Cards: See Item (7) in Terms. OCENS Fleet 33/55/77 Service Agreement Page 2 of 4

3 SAFETY AT SEA NOTIFICATION: This terminal is not recognized as a maritime distress device, and I understand that it should not be used for SAFETY AT SEA purposes. Customer Initials: OCENS, Inc. Mobile Satellite Services Terms and Agreement All Service Agreements are for a minimum one (1) year term ****WARNING**** This terminal is capable of making high speed (broadband) Internet connections that can result in significant bills for Satellite airtime if usage is not monitored and controlled. Use extreme caution when connecting this terminal to a computer network that may request or search for Internet access (e.g. Microsoft Update). This could result in the network utilizing the terminal to access the Internet. If you have ANY questions about connecting your terminal to a network, contact a computer network specialist. Please check the box below and initial to indicate your acknowledgement of this warning. ( ) I have read and understand this warning. I understand the potential for significant airtime use through this terminal. Customer s Initials: If you have any questions about this warning or operation of your terminal, please do not hesitate to contact OCENS Support at or support@ocens.net. OCENS Fleet 33/55/77 Service Agreement Page 3 of 4

4 1) Availability of Limited Service: Service is generally available to satellite terminals equipped for this service when within the satellite footprint. Service is furnished to Customer or Customer s authorized user. A telephone number may not appear in more than one terminal. Customer has no property right in such number. OCENS reserves the right to assign, designate, or change such number, when in its sole discretion, such action is reasonably necessary in the conduct of its business. 2) OCENS Service: Customer has contracted to have OCENS provide the service under the terms detailed on the front page of this agreement at Section II. Basic Inmarsat service is provided via the global Inmarsat Phone network. Customer agrees to remain as a subscriber of the OCENS service for a period of one year from the date of service activation, and furthermore, agrees to pay any applicable activation, monthly service, service usage fees, and any applicable taxes thereon. OCENS reserves the right to change rates at any time. 3) Data Transmission and Dropped Calls: Due to the technical nature of data setups and the inherent sophistication of data transmission through a variety of operating systems, OCENS makes no representation as to the success of data calls through the system. Customer agrees that all data call attempts regardless of ultimate successful transmission and termination will be paid for and no credits will be given in the event of dispute of this nature. 4) Early Termination: Early terminations during the first year of service are subject to a $500 cancellation fee per terminal. Customer may renew for successive one (1) year service periods at the same terms and conditions contained herein. Notice of termination should be made in writing to OCENS Administrative Services at Marine View Drive South, Suite 300, Des Moines, WA no less than thirty (30) days prior to the expiration of any term of this Agreement. This Service Agreement cannot be assigned or reassigned without the written consent of OCENS. OCENS reserves the right to terminate the contract at any time during the contract period. 5) Invoicing and Guarantee of Payment of Service: OCENS will invoice customer monthly and bill customer s credit card for minutes incurred the month just completed and service access for the ensuing month. Customer understands that they are responsible for all air time charges, including but not limited to direct airtime, long distance charges, roaming charges (if applicable) and charges for any Customerelected, value-added services (when available). Payment must be made in US Dollars. 6) Taxes: The price of the service does not include sales, usage, excise, ad valorem, property, or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. Customer shall pay such taxes directly or reimburse OCENS for any such taxes. 7) Deposits: Mobile Satellite services are granted subject to credit approval by OCENS. OCENS requires the establishment of credit or the ability to pay invoices according to the established terms. Deposits may be required for non-us citizens or customers who do not have established credit. Customers will be notified prior to service activation if a deposit is required. Deposits will be refunded at service or contract termination. 8) Non-Payment/Breach: A late charge of 1 ½ percent per month will be applied to Customers service bills not paid by the due date. This late charge is applicable to the unpaid balance as of the due date. Customer shall pay OCENS all costs, including, without limitation reasonable attorney fees, the fees of any collection agency, and any other costs incurred by OCENS in exercising any of its rights under the Agreement. Should Customer s service be suspended for non-payment; OCENS will charge a decommissioning fee of $50.00 per terminal for re-activation of the suspended terminal. 9) Contractual Limitations: During the contract period, Customer may change their pricing plan to a higher bundle free of charge but this will renew the 12 month contract period. Moving to a lower pricing plan with fewer included minutes will incur a fee of $100 and will renew the 12 month contract period. 10) Limitation of Liability: The satellite services provided by OCENS may be temporarily interrupted, delayed or otherwise limited and are not available everywhere in the world. OCENS makes no representation that it can provide uninterrupted service. Furthermore, OCENS shall have no liabilities or credit due for interrupted service unless caused by the gross negligence of OCENS. OCENS shall not be liable for acts or omissions of other carriers, equipment failures or modifications, acts of God, strikes, government actions, or other causes beyond our reasonable control. OCENS MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OF ANY KIND WHATSOEVER EXPRESSED OR IMPLIED EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED. OCENS SHALL NOT BE LIABLE TO ITS DISTRIBUTOR OR CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES. 11) Subscriber Terminals and Equipment: Unless provided otherwise, OCENS is not responsible for the installation, operation, quality of transmission, or maintenance of Customer equipment. If Customer s equipment is stolen, Customer is responsible for all charges as agreed upon in this Agreement. 12) Licensing: Customer wishing to operate satellite phones while in foreign territories shall be required to obtain any and all licensing or approvals that may be required to operate within that territory. OCENS does not guarantee any authority to radiate from territories other than those allowing trans-border operations of Inmarsat equipment. 13) Governing Law: This contract is governed by the laws of the State of Washington and applicable tariffs. 14) Customer agrees that any legal proceeding commenced by one party against the other, shall be brought in any state or Federal court having jurisdiction within the State of Washington. Both parties submit to such jurisdiction and waive any objection to venue and/or claim of inconvenient forum. Signature: Date: OCENS Fleet 33/55/77 Service Agreement Page 4 of 4

5 Registration for service activation of Maritime Mobile Earth Station code Sections 1-4, 6 and 8 are to be completed by all customers Application number Tick Boxes as appropriate. Please write in block capitals Date Day Month Year Your name or the name of your organisation: Address: Customer s reference number 1.Your details (See note A) PLEASE NOTIFY YOUR PSA IF ANY OF THESE DETAILS CHANGE OR YOU ARE NO LONGER THE OWNER OF THE INMARSAT EQUIPMENT. (THIS IS A LEGAL REQUIREMENT AS STATED IN THE INMARSAT TERMS AND CONDITIONS WHICH ARE ATTACHED TO THE BACK OF THIS SARF) Town/city: Post/ZIP code: State/province: Country: Telephone + Country code ( ) Area code ( ) Telephone number ( ) Facsimile + Country Code ( ) Area code ( ) Facsimile number ( ) address: Contact person: Title: Department: What is their telephone number and/or extension? + Country code ( ) Area code ( ) Telephone number ( ) 2. Paying the bill (See note B) PLEASE NOTIFY YOUR PSA URGENTLY IF YOU CHANGE YOUR BILLING ENTITY (AA or ISP.) (THIS IS A LEGAL REQUIREMENT AS STATED IN THE INMARSAT TERMS AND CONDITIONS WHICH ARE ATTACHED TO THE SARF) Note: ALL MARITIME MESs that are part of GMDSS installations MUST have an Accounting Authority as the billing entity, Apart from the FLEET F77 MES which may use either an ISP or an AA as the billing entity. Is the MES part of a GMDSS installation? Yes No If YES, enter the Accounting Authority Code (AAIC): If Fleet F77 please see the Note above. If the Code is unknown, enter the name of the AA: If NO, have you arranged payment of calls for this MES through (tick one) (a) Accounting Authority (AA) (b) Inmarsat Service Provider (ISP) Enter ISP or AA Code: If the Code is unknown enter the name of the ISP or AA: 3. What type of Mobile Earth Station (MES) are you registering? (See note C) NOTE: If the terminal is activated as Maritime Fixed and placed on a vessel, you could be Endangering Lives At Sea. Environment usage The System What will be the primary use of the MES? Maritime Inmarsat-B Trading Yachts Maritime Fixed Inmarsat-C/mini C Passenger/Cruise Other (IMO Number Mandatory) Inmarsat-M Offshore Other (IMO Number NOT Mandatory) Inmarsat mini-m Government please specify Inmarsat Fleet Fishing What will be the country of registry of this MES? Mobile Earth Station (MES) manufacturer Mobile Earth Station (MES) model

6 4. What services are you applying for? Inmarsat-B services (See note E) Enter your Inmarsat Serial number (ISN) 3 Tick only 1 service per row and Privacy if required Number Privacy Voice Fax Data HSD Telex Telex answerback Service code Inmarsat Mobile number To enter more services copy and complete this page as required, then go to Section 5 Inmarsat-M services (See note F) Enter your Inmarsat Serial number (ISN) Tick only 1 service per row and Privacy if required Number Privacy Voice Fax Data Service code Inmarsat Mobile number To enter more services, copy and complete this page as required, then go to Section 5 Inmarsat-C (See note G) Enter your Inmarsat Normal-C Serial number ( ) OR Enter Inmarsat Serial Number (ISN) for Mini-C Privacy Telex answerback Inmarsat Mobile number 4 4 Go to Section 6 Mini-M and SIM card services (See note H) If you are registering a mini-m HYBRID please input the four ISN numbers in the following boxes: Enter your Inmarsat serial number (ISN) Enter your SIM card serial number (SSN) Service Privacy Service code Inmarsat Mobile number Service Privacy Service code Inmarsat Mobile number Voice Voice Fax Data Voice Voice Fax Data To enter more services copy and complete this page as required, then go to Section 5

7 FLEET & SIM card services (See Note I) For FLEET please enter you Inmarsat Serial number (ISN) 6 6 Enter SIM card serial number (SSN) Service Privacy Service code Inmarsat Mobile number Service Privacy Service code Inmarsat Mobile number 4.8 Kbits Voice Kbits Voice kbit/s Fax kbit/s Fax kbit/s Data 76 64kbit/s Data 60 56kbit/s Data 60 Speech kHz Audio 60 MPDS kbit/s Data 60 To enter more services copy and complete this page as required. 9.6K Fax on Fleet F55 / F77-This service is optional within the Fleet specification; to obtain this service requires active provision from both LESO and terminal provider. Please refer to your hardware manufacturer or LESO for further details. 2.4K Fax (available on F77 only)-on F77, either 2.4K Fax or 9.6K Fax can be specified (but not both services together). 5. Multi-channel details (See note J) If you are NOT applying for a Multi-channel or the Mobile Earth Station (MES) is not part of a Multi-channel GO TO SECTION 6 INMARSAT-B/M/Inmarsat phone mini-m ONLY Enter the Inmarsat Serial number of the primary channel If you are applying for more than one channel copy and complete Sections 4 and 5 for each MES that is part of this Multi-channel application. 6. Distress and safety /Emergency Contact Details (See note K) ONLY MARITIME MES USERS MUST COMPLETE THIS SECTION Who should we contact? Address: Town/city: Post/ZIP code: State/province: Country: Telephone + Country code ( ) Area code ( ) Telephone number ( ) Facsimile + Country Code ( ) Area code ( ) Facsimile number ( ) Alternative 24 hour emergency telephone + Country code ( ) Area code ( ) Telephone number ( ) address:

8 7. To be completed for Maritime Mobile Earth Stations (MES) only (See note L) What is the name of the vessel? *In which country is the vessel registered? Type of vessel Call sign MMSI IMO No. Gross Tonnage Capacity for persons on board (passengers and crew) * If the vessel is unregistered, enter the Country where the MES is to be licensed. 8. Certification and agreement a) To be signed by the AA/ISP Accepts the above Account. (Enter AA/ISP Code) AA/ISP Signature: b) To be signed by the applicant: I Date: the owner, have read, signed (Article 8) and agree to comply with the Terms and Conditions for the use of the Inmarsat space segment, in particular with all applicable national laws and regulations relating to the use of Inmarsat Mobile Terminals

9 TERMS AND CONDITIONS FOR THE UTILIZATION OF THE INMARSAT SPACE SEGMENT BY SHIP EARTH STATIONS AND LAND MOBILE EARTH STATIONS INCLUDING AERO-C & AERO MINI-M (A) (B) (C) (A) (B) (C) Article 1 Scope of Terms and Conditions These Terms and Conditions shall apply to the authorization between Inmarsat Limited ("the Company") and the Owner or Licensee of the Mobile Earth Station ("MES") ("the MES Owner") described in the applicable Service Activation Registration Form ("SARF"), with respect to the utilization of the Inmarsat space segment by the MES. For the purpose of these Terms and Conditions: (1) "SARF" means an application made by the MES Owner for utilization of the Inmarsat space segment; (2) "Point of Service Activation (PSA)" means the entity responsible for processing the SARF. The MES Owner shall ensure that any operator or user of the MES ("the MES Operator") is informed of and complies with these Terms and Conditions, as far as applicable, at all times. Article 2 MES Performance, Criteria and Operations Authorization Subject to Compliance with Technical, Operating and Other Requirements (1) Throughout its utilization of the Inmarsat space segment, the MES shall comply with the criteria and performance standards to which it was type-approved, and the MES Owner and Operator shall comply with the operating procedures notified by the Company to the MES Owner and MES Operator at any time or times. (2) The MES Owner shall notify the PSA promptly of any change in the Accounting Authority or Inmarsat Service Provider (ISP) or other billing entity, as specified in the SARF. (3) The authorization to utilize the Inmarsat space segment shall be conditional upon compliance with this Article 2. The MES Owner and Operator shall not utilize the Inmarsat space segment in a manner contrary to the environmental usage and distress and safety conditions specified in the SARF or contrary to these Terms and Conditions, without the prior written consent of the Company. Sanctions in the Case of Non-compliance (1) The Company shall be entitled, at any time or times, and with immediate effect, unilaterally to modify, restrict, suspend or terminate, temporarily or permanently, the authorization by notification to the MES Owner and the MES Operator, if the Company deems the MES or the MES Owner or the MES Operator to not so comply, or to practise a utilization not so authorized, no matter what the cause or causes of such non-compliance or practice. (2)The Company shall also send a copy of the notification to the PSA. (3) Unless the authorization has been terminated, the Company shall lift such modification, restriction or suspension, if it is demonstrated to the Company's satisfaction that compliance has been resumed and will be maintained, or that such unauthorized practice has been and will be discontinued by the MES Owner or MES Operator. Suspension and Termination in Special Circumstances (1) The authorization shall be deemed to be suspended during any period in which persistent malfunction or any operation of the MES that degrades the performance of the Inmarsat space segment occurs. (2) The authorization shall be deemed to be terminated if any one of the following circumstances occurs:

10 (D) (E) a) any change in the information contained in the SARF which would require a change in MES identity; (b) significant modification or change to the MES; (c) in the case of a ship earth station (SES), removal of the SES from the ship on which it has been authorized to operate. (3) The MES Owner or MES Operator, as the case may be, shall notify the Company promptly in writing via the PSA of the events specified in paragraphs (1) and (2) above. Suspension for Non-Payment of Accounts and Other Causes (1) Without prejudice to any of the other remedies and provisions of these Terms and Conditions or at law, the Company and any or all of the land earth station (LES) Operators in the Inmarsat system may, individually or jointly, suspend the authorization due to non-payment of accounts for the telecommunications services provided by the LESs, unauthorized use of the MES, loss or theft of the MES, fraudulent use of or by the MES, other non-compliance with these Terms and Conditions, insolvency of the MES Owner or MES Operator or their designated entity responsible for payment of accounts, or any other reason established under the Company's Barring Procedures in force at the relevant time. (2) Upon being satisfied that the causes of the suspension have been remedied, the Company and the LES Operators may lift the suspension. (3) In the case of a ship earth station, the suspension shall not restrict an MES from transmitting a distress alert and distress priority message. The Company and the LES Operator shall use reasonable efforts to restore access to the space segment for subsequent safety communications associated with the distress situation. (4) In connection with the administration of the Company's Barring Procedures, the Company and the LES Operators may share information about the status of the MES with each other, with Nominated Barring Authorities designated by LES Operators and, in the case of SESs, with Maritime Inspection Agencies. Compliance with National and International Regulations In utilizing the Inmarsat space segment, the MES Owner and MES Operator shall comply with all applicable national laws and regulations governing the use of radio communications in the territorial sea, the ports, or national territory of any State in which the MES is located at any time, and any other applicable national or international laws and regulations and the MES Owner shall indemnify the Company and any LES Operator concerned against any loss incurred by them as a result of any non-compliance with this paragraph. The Company shall hold the benefit of this indemnity as trustee for any such LES Operator. Article 3 Financial Obligations The establishment of charges for the telecommunications services provided by the land earth stations (LESs) is the prerogative of the owner and/or operator of the LES. All accounts for telecommunications services via the LESs must be paid by the MES Owner without delay. In the event of delayed payment the Company and the LES Operators concerned may discontinue telecommunications services for the MES in default, except for the exchange of distress traffic, in accordance with Article 2(D) (3) above. If an LES Operator is unable to collect charges from the Accounting Authority, ISP or other billing entity specified in the SARF, personal and corporate details of the MES Owner or Operator may be disclosed to the LES Operator for the purposes of debt collection.

11 (A) (B) (C) (D) Article 4 Telecommunications Disclaimer This Article applies to the Company for itself and as trustee for the benefit of the lessors, manufacturers, or other providers of the Inmarsat space segment; the owners or operators of LESs; and the directors, officers, employees, agents or assignees, of any of them ("the other indemnities"). Subject to paragraph (D) below, neither the Company nor any of the other indemnities shall be liable for any claims attributable to any unavailability, delay, interruption, disruption or degradation in or of the Inmarsat space segment capacity; modification, restriction, suspension or termination of the authorization in accordance with Article 2(D)(1) above; failure to restore access in accordance with Article 2(D)(2) and (3) above; or sharing of information about the status of the MES in accordance with Article 2(D)(4) or Article 3 above regardless of the cause or causes thereof. Such waiver of claims shall also extend to any direct or consequential loss, damage, liability or expense, loss of revenue or business harm of any kind. The MES Owner agrees to indemnify the Company and the other indemnities and hold them harmless from any claims that might be made by the MES Operator or any other entity or person, attributable to any of the causes referred to in paragraph (B) above. Nothing in this Article 4 shall exclude or limit liability for death or personal injury in any jurisdiction where, as a matter of law, such liability cannot be excluded or limited. (A) (B) Article 5 Language and Communications These terms and conditions and all documentation and communications required thereunder shall be in the English language. All communications pertinent to the authorization or to these Terms and Conditions shall be made or confirmed by telex, facsimile, data transmission or other written or electronic form. Communications by Inmarsat the Company to the MES Owner and the PSA shall be sent to its their last known address, and communications to the MES Operator shall be sent to via the MES. Article 6 The Current IMO Number System and Activation of SatComms Terminals The Diplomatic Conference on Maritime Security adopted a number of measures in December 2002 which were aimed at enhancing ship security and port facilities. These included a regulation requiring IMO ship identification numbers - made of the three letters "IMO" followed by the seven-digit number which are assigned to all regulated ships by the Lloyd's Register Fairplay upon construction - to be permanently marked in a visible place, either on a ship's hull or superstructure (and on a surface visible from the air for all passenger vessels). IMO numbers are applicable to all propelled, sea-going merchant ships of 100 Gross Tons and above with the exception of (a) vessels solely engaged in fishing; (b) ships without mechanical means of propulsion; (c) pleasure yachts; (d) ships engaged on special service; (e) hopper barges; (f) hydrofoils, air cushion vehicles; (g) floating docks and structures classified in a similar manner; (h) ships of war and troopships; and (i) wooden ships. In line with its commitment to promoting SOLAS efforts, Inmarsat confirms that the registration of a vessel s IMO number with Inmarsat shall remain a key requirement for the activation of all maritime satellite communications terminals. The benefits of this are numerous and obvious, and include enabling rescue coordination centres to positively identify a vessel in distress. It shall still be possible to enter an IMO number now in the IMO field within the ESAS database, even if the vessel definition as explained above does not require it. Upon entering the number, the format of same shall be automatically screened to safeguard against invalid IMO numbers being used

12 Vessels Excluded from Requirement to Carry IMO Numbers Vessels that are excluded from the SOLAS requirements to carry IMO numbers shall still be entitled to have their terminals activated. To this end, Point of Service Activators ( PSAs ) are directed to the option called Other (IMO Number NOT Mandatory) located in the Market Category drop down list within the ESAS 2000 Activation option. Please note that, upon accepting the Terms and Conditions stated on the SARF form, and by ticking the Terms and Conditions Accept box provided at the end of an ESAS 2000 terminal activation request, PSAs shall be deemed to assume full responsibility for ensuring that the use of the Other (IMO Number NOT Mandatory) is valid. Use of the Other (IMO Number NOT Mandatory) procedure requires written confirmation from the relevant authority that the vessel in question has indeed not been issued with an IMO number. In no event shall Inmarsat, its directors, employees, agents, affiliates, successors or assigns be liable for any direct, indirect, incidental, special, exemplary or consequential damages; or losses, liabilities, costs, penalties, fines or expenses (including, without limitation, legal expenses), however caused, and on any theory of liability, whether in contract or tort (including, without limitation, negligence) arising in any way from the negligent, reckless or fraudulent use or misuse of the terminal activation process, save always that Inmarsat does not seek to limit its liability for death or personal injury resulting from its own negligence, or that of its employees or agents, or for any other liability the exclusion or limitation of which is not permitted by English law. We would like to take this opportunity to again reiterate that in the event that there is loss of life at sea and it is subsequently found that incorrect or incomplete activation data in ESAS has been a contributory cause, maritime accident investigations may seek to lay blame on the entity that has input the incorrect or incomplete activation information. Inmarsat relies on PSA s to ensure that such information is accurate and complete and we ask that PSAs take the utmost care in disclosing and accurately documenting this critical information. Article 7 Amendments The terms and conditions as herein stated are subject to amendment by the Company such amendment to become effective upon the date specified by the Company but not less than thirty (30) days after the date of notification of the amendment to the MES Owner, the MES Operator and the PSA. Article 8 Certification and Agreement By signing this document I confirm that all the information provided above is true and accurate to the best of my knowledge. I the owner have read and agree to comply with the above Inmarsat Terms and Conditions. Name (Print) Signed: Date: Relevant Inmarsat Mobile Number/s (To be entered by the PSA)